Form 1 NATIONAL RAILROAD ADJUSTMENT
BOARD
SECOND DIVISION
Award No. 1355:2
Docket No. 1344!9
00-2-99-2-52
The Second Division consisted of the regular members and in addition Referee
Robert L. Hicks when award was rendered.
(Brotherhood Railway Carmen Division
( International Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore and Ohio
( Railroad Company)
STATEMENT OF CLAIM
:
"Claim of the Committee of the Union that:
1. That the Carrier did violate Rule 142 and 142'/ of the Agreement
when they failed to call Carmen for a yard derailment and
employed an outside contractor with its ground forces to perform
Carmen work within the yard limits.
2. That the Carrier be ordered to pay Claimants: N. Abplanalp, J.
Allen, B. Twaddell and A. Steele four (4) hours time and one-half
Carmen rate of pay for this willful violation."
FINDINGS
:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act, ass
approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
Form 1 Award No. 13552
Page 2 Docket No. 13449
00-2-99-2-52
On June 18, 1998, one car derailed on the Queensgate East Open South tract{.
The Carrier called out R. J. Corman Wrecking Service whose personnel rerailed the
car.
The derailment was within yard limits. Rule 142, which is alleged to have been
violated, reads in pertinent part:
".
. . For wrecks or derailments within yard limits sufficient carmen will
be called to perform the work . . . ."
Because four of the contractor's employees allegedly worked as groundsmen, the
Organization contends four Carmen should have been called.
This issue has been before the Board on other occasions. Second Division Award
13528, which was adopted in July of this year, involved the identical arguments and the
same parties. Therein the Board quoted from Second Division Awards 8361 and 13424,
both involving the same parties and the same arguments as here.
As stated in Award 8361:
"On the record before it, this Board states that it frankly does not have
sufficiently persuasive and credible evidence to allow it to judge whether
or not a significant volume (more than de minimus) of ground work was
performed by the Hulcher crew which could and should have been
performed by the Carrier carmen under Rule No. 142."
The record is barren in this case as to what work of the craft the contractor's
forces may have performed that could be considered work exclusive to the craft.
As did the Board in Second Division Awards 8361, 13424 and 13528, we find
insufficient information that would lead to a conclusion that the Carrier violated Rule
142. Accordingly, the claim must be denied.
AWARD
Claim denied.
Form 1 Award No. 1355 2
Page 3 Docket No. 1344!
00-2-99-2-5 2
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Second Division
Dated at Chicago, Illinois, this 29th day of September, 2000.